Harry Forman v. C.P.C.H., Inc.

DISCUSSION

A defendant may remove a civil action from state to federal court so long as jurisdiction originally would lie in federal court. 28 U.S.C. § 1441(a). There is a

CV-90 (12/02) CIVIL MINUTES — GENERAL Initials of Deputy Clerk VPC

strong presumption against removal jurisdiction, and the removing party has the burden of establishing the propriety of removal. Hunter v. Philip Morris USA, 582 F.3d 1039, 1042 (9th Cir. 2009); see also id. (noting that any doubt is resolved against removal). “Federal jurisdiction must be rejected if there is any doubt as to the right of removal in the first instance.” Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992).

A. Factual Background

Decedent was a resident of Chatsworth from June 12, 2019 to April 30, 2020. Compl. ¶¶ 13, 17. In brief, Plaintiffs allege that Defendants’ inattention to and insufficient care for Decedent—who required “continuous care due to suffering from dementia and other comorbidities”—caused Decedent to be hospitalized. Id. ¶¶ 13-17. Decedent later died at the hospital on May 5, 2020. His death certificate lists his causes of death as cardiac arrest, pneumonia,…